... this past August, which was about five months before the start of my program, and applied for change of status to F-1. The USCIS approved my application in only one month, with the immediate start date, which was before the start of my program...
Answer The GC should not have been granted as a derivative after the divorce was final. This is a bit complicated and needs individual advice. From outside the U.S., it may be possible to use the GC relinquishment option. Otherwise, inside the U.S., it would be...
Answer The laws allowing for H1B extensions beyond the six-year limit are interpreted as requiring that the GC case be filed for the particular H1B worker (not their spouse). So, only the primary gets the benefit of the H1B extensions based upon the I-140 approval. (13.Oct.2014)In...
AnswerThe LCA wage is a minimum; the employer could pay more. However, the employer should look to see if the LCA is really correct as to the wage level, and possibly even the job category. If it was set at a level that was not...
Answer The problem will not go away by applying elsewhere. The 221(g) refusal will show in the system, and has to be mentioned on the visa application anyway. I would suggest getting some input and assistance from Murthy Immigration Services, Pvt. Ltd., our affiliate in Chennai,...
... The H1B petition was based on my previous degree in computer science. Unfortunately, the USCIS denied the change of status request saying that I violated my F-1 status because my employment did not meet the CPT requirements. My employer tells me that I am...
Answer The EB1 category has historically always been current. Thus, the processing time should just be standard I-485 processing time - maybe 6 months or so. It shouldn't take anything close to 3 years, unless there is some problem. The lawyer should follow up with the...
Answer The individual does not have the ability to "keep" or "cancel" an H1B petition. H1B status is only held in the U.S., and the H1B petition is the employer's petition. The time spent out of the U.S. doesn't count toward the 6-year limit. So, the...
Answer Yes, we have requested cross chargeability in such situations when filing the I-485. The I-485 for husband / wife have to be filed together in these cases, with a request for cross chargeability. This can cut years of waiting time for Indian nationals. (06.Oct.2014)In frequent...
Answer The USCIS is required to process EAD applications within 90 days. At this time, the USCIS is somewhat delayed with EADs, so it is taking the full 90 days (or a bit more). But, EAD/AP requests should generally be processed without delay, even if the...
